City To Pay $50,000 For Church Crushed By Collapsed Building

Buildings aren’t supposed to move, let alone onto other properties. But that’s exactly what happened in Milwaukee’s Arlington Heights neighborhood in May 2020.

A boarded-up, two-story building at 1228-1232 W. Atkinson Ave. collapsed onto the one-story building, Holy Recovery International Church, to the north at 1238 W. Atkinson Ave.

“There was significant debris on the property as well as damage to the roof and coming through the roof of the neighboring property,” said assistant city attorney Jack McNally in presenting a settlement agreement to the Judiciary & Legislation Committee on Jan. 31. A video on the church’s Facebook page shows a substantial portion of the adjoining masonry building having fallen onto the church property.

“Oh wow,” said committee chair Alderman Ashanti Hamilton.

The City of Milwaukee now has to pay up.

National Subrogation Services, on behalf of mortgage holder State Bank of Chilton, submitted a claim for $73,226.77 and bishop Anthony Martin, Sr., via attorney Gregory Burce, for $1,118,641.29.

But the city isn’t poised to shell out more than $1 million.

“The city’s liability cap is $50,000 per occurrence for this type of case,” said McNally, referencing state statute 893.80. The two claims are viewed as one occurrence.

The city had owned the since-demolished two-story building since acquiring it via property tax foreclosure in 2013. The Department of City Development recommended in 2014 that it be demolished, citing roof issues, interior damage and expected rehabilitation costs. A demolition request was sent by the Department of Neighborhood Services to area Alderwoman Milele A. Coggs in 2016 and 2017, but DNS records show no response. A January 2020 exterior inspection by DCD revealed no signs of bulging or falling bricks, but Google Street View shows a building exposed to the elements with open windows.

“The cause for the building to collapse is unknown,” wrote City Attorney Tearman Spencer in a letter explaining the settlement.

The full council unanimously approved the $50,000 settlement on Feb. 8.

The church property, including the 3,200-square-foot building and land, is assessed for $58,800.

The church acquired the building for $120,000 in 1996. The building was constructed in 1958 according to assessment records.

The church has been holding services virtually and in-person at the Greater New Birth Church, at 8237 W. Silver Spring Dr.

The city’s building was completely razed by early June 2020. Brew City Environmental & Restoration Services performed the demolition work, with an estimated job cost of $32,219 according to a permit. The structure was originally built in 1928.

The church remains boarded up in a damaged state. Spencer’s letter says it was deemed a total loss, but no raze permit request has been submitted.

According to a fiscal note submitted with the settlement proposal, the city will pay the funds from a self-insurance reserve account associated with the Milwaukee Water Works.

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